Kosha Doshi | Symbiosis Law School, Pune | 3rd April 2020
Leonard Xaveri Valdaris v. Office-in-charge & Ors. [Writ Petition (Criminal) 2100 of 2014; Bombay High Court]
Facts:
On an average there are about 5 custodial deaths per day. People have fought endlessly to seek justice for these people. Years ago, a similar incident took place which received its judgment recently. Agnelo Valdaris along with three others was picked in Wadala with the charge of theft on the 15th of April, 2014. Out of the other 3 one of them was a minor and for the next three days these people were stripped, tortured and forced to have oral sex. On the 18th of April, Agnelo died while the others were released on bail by the 22nd of April, 2014. The reason stated by the police for Adnelo’s death was that he tried to escape police custody and in the event of escaping was run over by a train.
Issue:
A petition was filed by Agnelo’s father, Leonard stating the case being of custodial death thereby lacking an effective system. The petition rested on the POSCO Act along with the theory and increase in custodial deaths.
Judgment:
On Thursday, 19th of December, 2019 the Bombay High Court heard the case and gave its decision. The court booked the eight police officers from Wadala Railway Police who were responsible for the death of Agnelo. The death in police custody of a 25 year old that took 5 years ago was charged on the police officials. The bench of the High Court comprised of Justice BP Dharmadhikari and Justice Jadhav who gave a decision of holding the police officials liable.
The trial court booked the eight officers with Section 302 (murder) of the Indian Penal Code, Section 201 (disappearing of evidence, false information to screen offender), Section 295 A (deliberate malicious acts, outraging the feelings of any class by insulting religion) of the Indian Penal Code. Earlier eight people were charged with Section 388 (grievous hurt or endangering the life of someone) of the Indian Penal Code and Section 377 (unnatural sex) of the Indian Penal Code.
The CBI stated to the court that the victim was subject to tortured and sexual abuse but no evidence existed that the victim was killed by the eight police officials. The CBI counsel Hiten Venegavkar made a statement that Agnelo died due to being run over by a train. The four eye witnesses’ statements were recorded and put forth as evidence. In addition to this the log book of the railway department and the railway police were shown. The doctor’s evidence stated that the injuries before and after his death were only by the injuries caused within 12 hours of the death and those were proportionate to the fatal train accident injuries.
Advocate Payoshi Roy on behalf of the petitioners submitted the CCTV report stating that no escape took place. The eye witnesses’ statement eventually became inconsistent. The facts further showed that the victims were arrested at midnight and not produced before the court within duration of 24 hours. The co-accused said that they were tortured an extent where walking became impossible. Since walking became impossible the running of the victim from police custody was not the reality and his death due to the train injuries became invalid.
The Bombay High Court passed a judgment rendering justice to a victim of custodial death 5 years ago. The court booked the police officials for the murder of the 25-year-old Valdaris. The lack of parts of CCTV footage along with suspicious witness statements helped trace a significant outcome of the verdict. The case made a note of the protectors of law as the ones to harm people. In addition to that, the case signifies the advent of custodial deaths leading to insecurity.
The judgment shed light on the series of investigation gaps which delayed the process of imparting justice. The High Court stated that the compensation matter would require a detailed hearing taking effect in the near future.
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